Divorce

Thursday, August 8th, 2019 siteadmin
I started Divorce work during the summer of 1987. I represent clients during their divorce as well as in situations that arise after a divorce judgement was entered. The vast majority of cases are settled prior to trial. The Court system utilizes something called the Early Settlement Panel as well as Mediation in an effort to promote a resolution of a divorce. Of extreme importance is the necessity of carefully preparing a document called a Case Information Statement which contains the client’s financial data. It is equally important for clients to keep copies of their Case Information Statements for future reference as herein discussed below. I saw many situations, where litigants who agree to pay alimony and child support during their underlying divorce, are told that if they lose their employment or suffer a financial setback that they can “simply” file a change in circumstance application to modify their support obligations later on. However, based on my experience, I always warn clients that they must keep copies of their Case Information Statements and other financial records from the time of their divorce so that they have a measuring stick for comparing their post-divorce circumstances. That becomes necessary if their circumstances worsen after their divorce due to loss of employment, reduction in income, health issues, etc. I once had a client (i.e., I did not represent him during his divorce) who was self-employed in a specialized industry. As technology in his field changed, his workload became reduced and he could not generate the level of income on which his alimony and child support obligations were based. In an effort to help, I filed a post-divorce change in circumstance Motion for the client. I enclosed his old divorce Case Information Statement and other relevant documents together with his updated financial records as well. The Judge hearing the Motion initially rejected my self-employed client’s application to reduce his support obligations, although his level of income was significantly less on an annual basis as compared to what he purportedly earned during the timeframe of his divorce. Incidentally, I observed that same Judge on the day in question reject two other Motions in her Courtroom that were similar to my client’s situation. I knew that the Judge’s analysis was totally incorrect, so I appealed her decision. Fortunately, the Appellate Division recognized that my client made a prima facia demonstration of change in circumstance. That higher Court even acknowledged my arguments that there was a financial crisis in 2008 and that there were changes in technology effecting certain lines of work (i.e. in my client’s field). In other words, the Court took “judicial notice” of such realities even without presenting an expert report on the subject. When I researched changes in the economy and technology together with a Court’s ability to consider such information, I found my case listed as a reference. If you require services in Family Law, such as Divorce, Custody, Domestic Violence Restraining Orders, Marital and Child Support, DCP&P Child Cases, or similar and related problems, you are welcome to schedule an appointment at my office located at 177 Main Street, in Matawan, NJ. The office is close to Aberdeen, Holmdel, Keyport in Monmouth County, as well as Old Bridge and Sayreville in Middlesex County. My office is easily accessible from Route 34 and Route 35 depending on where you live or work. I also appear in Superior Court in Monmouth, Middlesex, Ocean and Union Counties as well.
Posted under Divorce